On June 27, 2019, a new law went into effect, allowing an estimated 125,000 Kentuckians to expunge their criminal record. Under the legislation, many Class D felony offenses will be eligible for expunction. Specific charges that can be cleared from a person’s record include, but are not limited to, theft crimes, eavesdropping, minor drug crimes, and second-degree unlawful access to a computer.
Certain offenses, such as those involving children, official misconduct, sexual acts, or those causing injury or death to another person are not eligible for expungement under the new law.
Benefits of Record Clearing
Many employers, volunteer agencies, landlords, and lending institutions conduct background checks before deciding on an applicant. If the person was convicted of an offense, the company reviewing their information might deny the application.
However, when a person gets an expungement, their record is no longer available for public access, and they can say, without fear of penalty of perjury, that they were not convicted of a crime. Allowing individuals with felony offenses on their record to wipe them clean, opens a wealth of opportunities: their voting rights can be restored, they can take part in volunteer opportunities, and they may have less difficulty finding a job.
Filing a Petition
The individual seeking to have their record erased must wait 5 years from completing their sentence, probation, or parole (whichever is later) before they can apply. The total cost for filing to have a felony conviction cleared is $300.
The first step in petitioning for expungement is requesting certification from the Administrative Office of the Courts. This process determines if the individual’s offense qualifies for expunction. After eligibility is established, the individual must file an Application to Vacate an Expunge a Felony Conviction form to the Office of the Circuit Court Clerk.
The prosecutor has 60 days to respond to the request. If they object, the individual will be scheduled for a hearing, where they must demonstrate that they are rehabilitated.
Schedule a Free Case Evaluation with Smith & Wilcutt, LLC
Understanding the challenges you could face if you have a felony conviction on your record, our attorneys will provide the effective representation you need to get it cleared. We have over 25 years of experience and know how to navigate the complicated expungement process. Our team will guide you every step of the way, and, if necessary, will develop a solid defense for your hearing.
To discuss your expungement eligibility with our attorneys, call us at (270) 972-4068 or contact us online.